RULE 11 - Washington



RULE 11. CONTINUING LEGAL EDUCATION

RULE 11.1

PURPOSE

It is of primary importance to the members of the Washington State Bar Association (referred to in these rules as the Bar Association) and to the public that attorneys lawyers continue their legal education throughout the period of their active practice of law. These rules will establish state the minimum requirements for continuing legal education.

[Adopted effective January 1, 1977; amended effective May 2, 2000.]

RULE 11.2

EDUCATIONAL REQUIREMENT

(a) Minimum Requirement. Each active member of the Bar Association, and other lawyers who are required by the APRs to complete continuing legal education credits, shall must complete a minimum of 45 credit hours of approved or accredited legal education (as provided in APR 11.4) every 3 years, as provided in the regulations to this rule by December 31 of the last year of the lawyer’s three-year reporting period as assigned by the Bar Association. Specific requirements are the following, and are described in Appendix APR 11 – Regulations of the Washington State Board of Mandatory Continuing Legal Education: If a member completes more than 45 credits in a 3-year reporting period, up to 15 of the excess credits may be carried forward and applied to that

members education requirement for the next reporting period.

(1) A lawyer may earn all of the required credit hours, and must earn at least half of the required credits, as live credits, as described in Regulation 103(b) of Appendix APR 11.

(2) A lawyer must earn a minimum of six of the required 45 credit hours of accredited legal education in the area of ethics, as that is defined in Regulation 101(g) of Appendix APR 11.

(3) A lawyer may earn a maximum of one-half of the required credit hours for any reporting period through self-study, as defined in Regulation 103(h) of Appendix APR 11.

(4) A lawyer may earn a maximum of six credit hours annually through pro bono training and service carried out strictly in compliance with Regulation 103(f) of Appendix APR 11.

(5) A lawyer may earn a maximum of six of the required credit hours for any reporting period for participation in law school competitions, moot court, or mock trials programs, as described in Regulation 103(g) of Appendix APR 11.

(b) New Admission. Newly admitted members shall must complete 45 continuing legal education credits anytime after the member's date of admission or the next 4 full during the four full calendar years after the member’s date of admission. If the newly admitted member earns more than 45 credits

during that new admission period, up to 15 of the excess credits may be carried

forward to the next reporting period. Following the new admission period, the

member shall complete 45 credits every 3 three years as required by APR 11.2(a).

(c) Ethics/Professionalism Component. The 45 continuing legal education credit hours required in section (a) shall include a minimum of 6 credit hours devoted to the areas of legal ethics, professionalism, or professional responsibility. The 15 credit hours that may be carried forward pursuant to section (b) may include 2 credit hours toward the legal ethics, professionalism, or the professional responsibility requirement of this section.

Carryover of excess earned credits. If a member completes more than the required credits for any one reporting period, up to 15 of the excess credits may be carried forward and applied to that member’s education requirement for the next reporting period. Of the 15 credit hours that may be carried forward to the next reporting period, pursuant to sections (a) and (b) of this rule:

(1) A maximum of two credit hours may be applied toward the ethics requirement; and

(2) A maximum of five credit hours may be applied to self-study credits.

[Amended effective September 1, 1992; September 1, 1995; May 2, 2000.]

RULE 11.3

BOARD OF MANDATORY CONTINUING LEGAL EDUCATION

There is hereby established a Board of Mandatory Continuing Legal Education (referred to herein as the CLE MCLE Board) consisting of seven members. Six of the members of the CLE MCLE Board must be active members of the Bar Association. The seventh member shall not be a member of the Bar Association. The Supreme Court shall designate a chairperson of the CLE MCLE Board, who shall serve at the pleasure of the Court court. The members of the CLE MCLE Board shall be nominated by the Board of Governors of the Bar Association and appointed by the Supreme Court. Appointments shall be staggered for a 3-year term. No member may serve more than two consecutive

terms. Terms shall end on September 30 of the applicable year.

[Adopted effective January 1, 1977; amended effective May 2, 2000.]

RULE 11.4

POWERS OF THE MCLE BOARD OF CONTINUING LEGAL EDUCATION

The CLE MCLE Board shall: approve individual courses and may accredit all or portions of the entire legal educational program of a given organization which, in the CLE Board's judgment, will satisfy the education requirements of these rules. It shall determine the number of credit hours to be allowed for each such course. The CLE Board may adopt regulations pertinent to these powers subject to the approval of the Board of Governors and the Supreme Court. Individual compliance with the educational or time requirements of these rules may be waived or modified by the CLE Board upon a showing of undue hardship, age, or infirmity. The CLE Board may set fees and fines for failure to comply with these rules, and may from time to time adjust such fees and fines, with the approval of the Board of Governors. The CLE Board has authority to waive or reduce the fee or fine on a proper showing by the petitioner.

(a) Accredit and determine the number of credit hours to be allowed for all or portions of individual courses that satisfy the education requirements of these rules and Appendix APR 11 Regulations;

(b) Accredit all or portions of the entire legal educational program of a given organization that satisfy the education requirements of these rules and Appendix APR 11 Regulations;

(c) Adopt regulations pertinent to these powers subject to the approval of the Board of Governors and the Supreme Court;

(d) Waive or modify individual compliance with the educational or time requirements of these rules upon a showing of undue hardship, age, or infirmity;

(e) Set and adjust fees and fines for failure to comply with these rules and to defray the reasonably necessary costs of administering these rules with the approval of the Board of Governors; and

(f) Waive or reduce fees or fines on a proper showing by the petitioner.

[Adopted effective January 1, 1977; amended effective May 2, 2000.]

RULE 11.5

EXPENSES OF THE CLE MCLE BOARD

Members of the CLE MCLE Board shall not be compensated for their services,. but For their actual and necessary expenses incurred in the performance of their duties, they shall be reimbursed by the Bar Association in a manner consistent with the Bar Association's reimbursement of its committee members. The Bar Association shall furnish the CLE MCLE Board with the necessary staff and clerical help to carry out its duties. and shall pay all expenses reasonably and necessarily incurred by the CLE Board, pursuant to a budget for the CLE Board which the The CLE MCLE Board, directly or through the staff provided, annually shall submit a budget annually to the Bar Association, which shall be subject to approval by the Board of Governors. The CLE Board and Board of Governors shall clarify in writing their relationship regarding the CLE Board's budget and personnel issues.

[Amended effective May 2, 2000.]

RULE 11.6

REPORTS AND ENFORCEMENT

(a) Reports Reporting and Other Activities.

(1) Sponsor Report Reports. The sponsor of each approved program (or each program for which approval is sought) will must make available attendance reports to be completed by those attorneys lawyers in attendance to show the actual time spent by each lawyer in attendance. The form of the reports will be determined by the CLE MCLE Board. Attorneys who wish credit for attending the program will complete the report and return it to the sponsor at the conclusion of the program (or earlier if the attorney does not attend the entire program). Attorneys who fail to return their forms to the sponsor may send them directly to the Bar Association. All forms must be sent The sponsor must send a report, consisting of a compilation of the information contained in these forms, to the Bar Association not later than 30 days after conclusion of the program.

(2) Other Activities. Consistent with the provisions of Appendix APR 11 Regulations, in In the case of some programs for which approval has not been sought or obtained by the sponsor, or for other activities which may qualify for CLE credit under these rules, individual attorneys lawyers may apply for credit by direct application to the CLE MCLE Board, using the form or forms specified by the CLE MCLE Board for that purpose.

(3) Confidential Member Credit Status Reports.

(A) Not later than July 1, of each year, the Bar Association shall advise each active member and other lawyers required to report in the current reporting cycle of the number of earned credit hours and courses posted to their credit reflected in that lawyer’s records with the Bar Association.

(i) If the lawyers do not request changes to their records within forty-five days of the mailing of the report, the reported credits will be deemed correct.

(ii) After 45 days, the records may be changed upon a showing of good cause.

(B) By not later than December 15 of each year, a A similar report shall be provided to all active members and other lawyers required to report continuing education credits. of the Bar not later then Decemver 15 of each year. Attorneys may request changes to the reported credits for a period of forty-five days from the receipt of the report, after which the reported credits will be considered to be correct. They may be changed by a showing of good cause [Moved to APR 11.6.(a)(3)(A)(i) and (ii).]

(b) Compliance Report Certification. Each active member or other lawyer required to complete and report continuing legal education requirements must shall submit an CLE MCLE compliance report certification form by February 1 following the end of the lawyer’s three-year reporting period as specified in the regulations, or as approved by the CLE MCLE Board pursuant to rule 11.4. If a member lawyer has not completed the minimum education requirement for that members lawyer’s reporting period, compliance may still be accomplished, as specified in the regulations, the lawyer may complete and return to the MCLE Board a petition, which shall be accompanied by a declaration(s) or affidavit(s) in support of the request, for an extension of time to complete the requirements. If the petition is approved, the lawyer by making shall make up the deficiency, within the first 4 months of the next succeeding calendar year, filing file a supplemental report with the Bar Association by May 1 of that year, and by paying pay a special filing late compliance filing fee by the date set forth in the agreement or order extending the time for compliance.

(c) Delinquency. Any member lawyer required to do so who has not complied by May 1 of each year, or such other the certification deadline, or by the date as is set forth in an agreement or order extending the time for compliance, may be ordered suspended from the practice of law by the Supreme Court.

(1) Pendency Notice. To effect such suspension removal the CLE The MCLE Board may shall by send a written notice to the non-complying member advise of the pendency of suspension removal proceedings by certified mail to any lawyer who has not complied with either the educational or certification requirements of APR 11 and the Appendix APR 11 Regulations by the certification deadline for that lawyer’s reporting period or extended deadline granted by the MCLE Board. It will be sent to the lawyer’s address of record with the Bar Association. The notice shall advise the member of the pendency of suspension proceedings and state that the MCLE Board will recommend suspension of the lawyer’s license to practice law unless the lawyer becomes compliant or completes and returns to the MCLE Board a petition for extension of time, exemption from compliance, or ruling of complete compliance as set forth below. The MCLE Board shall include with the pendency notice a copy of the form of petition to be used.

(2) Petition for extension, waiver, modification or finding of compliance.

(A) Timing. Within unless within 10 days of receipt of such the pendency notice, such member shall a lawyer may complete and return to the CLE MCLE Board an accompanying form of a petition which may be accompanied by affidavit(s) in support of request for requesting an extension of time, a waiver of compliance, modifications to the requirements, or a for or exemption from compliance with Section (a) above or for a ruling by the CLE MCLE Board of complete compliance therewith with the standard requirements.

(B) Supporting documents. The petition may be accompanied by supporting affidavit(s) or declaration(s).

(1) (3) No timely petition filed; suspension recommendation. Unless such petition be so is filed, the noncompliance is deemed agreed. The CLE MCLE Board shall report such fact the lawyer’s noncompliance to the Supreme Court with its recommendations for appropriate action. The Supreme Court shall enter such order, as it deems appropriate. The provisions of RAP 17.4 and RAP 17.5 shall apply to any motion for reconsideration of such order.

(2) (4) Petition Filed. If such petition be so is filed, in its consideration of the petition, the CLE MCLE Board shall consider factors of undue hardship, age, or disability. One of the following shall result from consideration of a petition:

(A) Approval without hearing. The MCLE Board may, in its discretion, approve the same petition without hearing, or

(B) Agreement with lawyer. The MCLE Board may enter into agreement on terms with such member lawyer as to time and requirements for achieving compliance with the provisions of APR 11.2(a) and APR 11.6(b) Section (a).; or

(C) (3) Hearing on petition. If the CLE MCLE Board does not so approve such petition or enter into such an agreement with terms, the CLE MCLE Board (or a subcommittee of one or more CLE MCLE Board members) shall hold a hearing upon the petition.

(i) The Board and shall give the member lawyer at least 10 days notice of the time and place thereof.

(ii) Testimony taken at the hearing shall be under oath, and audio-recorded an audio or stenographic record will be made at the request and expense of the lawyer. The oath shall be administered by the chairperson of the CLE MCLE Board or the chairperson of the subcomittee subcommittee.

(iii) For good cause shown the CLE MCLE Board may rule that the member lawyer has substantially complied with these rules for the year reporting period in question or, if he or she has not done so, it may grant the member lawyer an extension of time within which to comply, and may do so upon terms as it may deem deems appropriate.

(iv) For each hearing, As to each such application the CLE MCLE Board shall enter written findings of fact and an appropriate order,. The MCLE Board shall mail a copy of the findings and order which shall be mailed forthwith to the member lawyer at the address on file with the Bar Association.

(v) The MCLE Board’s Any such order shall be is final unless within 10 days from the date thereof the member lawyer shall file files a written notice of appeal with the Supreme Court and serve serves a copy of on the Washington State Bar Association. The member lawyer shall pay to the clerk Clerk of the Supreme Court, a docket fee of $250.00.

(4) In its consideration of petitions for relief hereunder, the CLE Board shall consider factors of hardship such as age or disability, or of restricted practice. [Moved to Rule 11.4(d).]

(d) Review to by the Supreme Court. To perfect such review the member shall at the members expense, within Within 15 days of the filing of the a notice with the Supreme Court for review of the MCLE Board’s findings and order, after a non-compliance petition hearing, the lawyer shall cause the record or a narrative report of such reviews, cause to be transcribed and filed with the Bar Association a narrative report of proceedings in compliance with RAP 9.3 to be transcribed and filed with the Bar Association.

(1) The CLE MCLE Board chairperson or chairperson of the subcommittee shall certify that any such record or narrative report of proceedings contains a fair and accurate report of the occurrences in and evidence introduced in the cause.

(2) The CLE MCLE Board shall prepare a transcript of all orders, findings, and other documents pertinent to the proceeding, before the CLE MCLE Board;, which transcript shall must be certified by the CLE MCLE Board chairperson or chairperson of the subcommittee.

(3) The CLE MCLE Board shall then file promptly with the Clerk of the Supreme Court the record or narrative report of proceedings and the transcripts pertinent to the proceedings before the CLE MCLE Board.

(4) The matter shall be heard in the Supreme Court pursuant to procedures established by order of the Court.

(e) Time. The times set forth in this rule for filing notices of appeal are jurisdictional. The Supreme Court, as to appeals pending before it, may, for good cause shown:

(1) Extend extend the time for the filing or certification of said statement of facts record or narrative report of proceedings and transcripts,; or

(2) Dismiss dismiss the appeal for failure to prosecute the same diligently.

(f) Costs. If the member lawyer prevails in his or her appeal before the Supreme Court, the member lawyer shall be awarded costs against the Bar Association in an amount equal to his or her reasonable expenditures for the preparation of the statement or statements of facts record or narrative report of proceedings.

(g) Change of Status. Once an attorney a lawyer has been ordered suspended from practice for noncompliance with these rules, the attorney lawyer affected must comply with the then applicable regulations of the CLE MCLE Board and the WSBA Bylaws for transfer from suspended inactive in order to return to active status.

[Amended effective May 14, 1982; September 1, 1992; January 1, 2001.]

RULE 11.7

CONFIDENTIALITY

The files and records of the Bar Association, as they may relate to or arise out of any failure of a member of the Association, or other lawyers, to satisfy these continuing legal education requirements, shall be deemed confidential and shall not be disclosed except in furtherance of its duties, or upon request of the attorney lawyer affected, or pursuant to a proper subpoena duces tecum, or as directed by this Court court. The records and information contained therein should not be available to any sponsosring sponsoring organization, including the Continuing Legal Education Department of the Bar Association. In any matter referred to the Supreme Court under these rules, the file, record, briefs, and arguments shall not be subject to this confidentiality rule.

[Adopted effective January 1, 1977; amended effective May 14, 1982; May 2, 2000.]

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